Statement Case Management Conference

Cal. Super. - 6th Dist.March 30, 2021

21 CV381444 Santa Clara - Civil WeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jen-Feng Lee (SBN: 204328) Electronically Filed LT Pacific Law Group LLP by superior Court of CA, 17800 Castleton Street, Suite 560, City of Industry, CA 91748 County of Santa Clara, TELEPHONE No.: 626-81 0-7200 FAX No. (Optional): on 7/23/2021 12:1 1 PM E-MAILADDRESS (Optional): Reviewed By: System System ATTORNEY FOR (Name): Plaintiff - Paper 360, Inc. case #21 CV381 444 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 691 31 21 STREETADDRESS: 1095 Homestead Road MAILING ADDRESS: CITYAND ZIP CODE Santa Clara, CA 95050 BRANCH NAME Stanta Clara Courthouse PLAINTIFF/PETITIONER: Paper 360, Inc. DEFENDANT/RESPONDENT: Advooque and DOES 1 - 10, inclusive CASE MANAGEMENT STATEMENT CASE NUMBERI (Check one): UNLIMITED CASE E LIMITED CASE 21 CV381444 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 08/1 0/2021 Time: 2:15pm Dept: 7 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Jen-Feng Lee INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiff - Paper 360, Inc. b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 03/30/2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of ca_se 3- Type 0f case In complaint E cross-complaint (Describe, including causes of action): Breach of Contract; Breach of Warranty of Merchantability; Fraud; Rescission Based Upon Fraud; Unfair Business Practice Page 1 of 5 Forlm Aqopted for: Manda'tory'Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, udICIaI Councnl of California rules 3720-3130 CM-1 1o [Rev. July 1, 2011] www.courts.ca.gov CM-110 _ PLAINTIFF/PETITIONER; Paper360, Inc. CzAngJ/“ngEZM DEFENDANT/RESPONDENT: Advooque and DOES 1 - 10, inclusive 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff purchased pre-Niosh-approved masks from Defendant, being informed that they are of the same quality and safety standards as the Niosh-approved masks. Products were priced at pre or Niosh-approved level, but the products are at the non-Niosh quality level. Defendant refused to refund or replace masks. Attorneys for both parties exchanged correspondences without being able to resolve the issue at hand.E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe date ofthe filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For seIf-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“O [ReV-Ju'y 1120111 CASE MANAGEMENT STATEMENT ”962°” CM-110 DEFENDANT/RESPONDENTI Advooque and DOES 1 - 10, inclusive PLAINTIFF/PETITIONER: Paper 360, Inc. CASE NUMBER: 21 CV381 444 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduled for (date): DUDE DUDE DUDE DUDE DUDE DUDE arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM;11_Q PLAINTIFF/PETITIONER: Paper 360, Inc. CASE NUMBER 21CV381444 DEFENDANT/RESPONDENT: Advooque and DOES 1 - 10, inclusive 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E No c. E Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a_ E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. Bifu rcationE The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff to Defendant Written discoveries August 2022 Plaintiff to Defendant Deposition August 2022 Plaintiff to 3rd parties Deposition August 2022 c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Paper 360, Inc. CASE NUMBER:- 21CV381444 DEFENDANT/RESPONDENT: AdVOOQUG arid DOES 1 - 10, inCIUSiVG 17. Economic litigation a.E This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b.E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesE The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: July 23, 2021 Jen-Feng Lee ’ %M-'7-L%AV (TYPE OR PRINT NAM E) fl (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-“O [ReV-Ju'v 1120111 CASE MANAGEMENT STATEMENT Page5°f5 lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I am employed in the County 0f Los Angeles, State of California. I am over the age of 18 and I am not a party t0 this action. My business address is 17800 Castleton Streetj #560, City of Industry, CA 91748. I am employed in the office of a member of the bar of this court at whose direction this service was made. On July 23, 2021, I served the foregoing document described as Case Management Statement on all interested parties in this action by placing the true copies thereof enclosed in envelopes With the postage thereon fully prepaid addressed as stated 0n the attached service list and cauSed such envelope t0 be deposited in the mail of the United States Postal Service at City of Industry, California. I am readily familiar with the firm’s practice 0f collection and processing correspondence for mailing. It is deposited with the US. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date is more than one day after the date 0f deposit for mailing an affidavit. I declare under penalty of perjury under the laws 0f the State of California and the United States of America that the above is true and correct. ‘ Dated: July 23, 2021 Mmzqi Denise Hsu SERVICE LIST: Christopher K. Karic Corey M. Timpson SELLAR HAZARD & LUCIA 201 North Civic Drive, Suite 145 Walnut Creek, CA 94596 Email: ckaric@sellarlaw.com; ctimpson@sellarlaw.com